The lawyer recalled the rules for installing air conditioners in apartment buildings

The demand for climate technology in Russia has grown significantly during the pandemic, when many citizens switched to remote work and began spending more time at home. On March 27, Sofya Lukinova, Head of the Legal Department at VMT Consult, drew attention to the legal risks associated with installing air conditioners in residential buildings.

"Despite the widespread use of air conditioners, their installation is still regulated quite strictly. This is due to the fact that the facade of an apartment building belongs to the common property of the owners, which means that any changes require approval," Lukinova said in an interview with Izvestia.

According to her, unauthorized installation of equipment without the approval of neighbors may result in administrative liability. The fine for citizens is usually up to 2-2.5 thousand rubles. However, a more serious consequence may be a court decision to dismantle the outdoor unit at the expense of the apartment owner, if a violation of the rules for the use of common property is proven.

For the legal installation of the air conditioner, it is necessary to obtain the consent of the owners at the general meeting. Residents should prepare a description of the project in advance, including the location of the unit, the method of fastening and the noise level, and put the issue to a vote. In some cases, for example, if a house has a special architectural status or is an object of cultural heritage, additional coordination with local authorities or the housing inspectorate may be required.

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"It is important to observe all the procedural steps: notify the owners of the meeting, draw up a protocol and record the voting results. If necessary, coordination with the management company is also required. Otherwise, the installation will be considered illegal," the lawyer noted.

At the same time, owners have the opportunity to appeal against fines. This is possible if it is possible to prove the absence of a violation — for example, if the external unit is located inside the balcony and does not affect the facade, or if there is confirmation of the consent of the neighbors. The grounds for lifting sanctions may also be procedural violations in bringing to justice.

Ilya Vasilchuk, a trial lawyer and an expert on the security of electronic transactions and real estate transactions, said on March 19 that unauthorized replacement or installation of radiators in an apartment could result in a fine and additional costs for the owner. According to him, such work is considered a violation because it can affect the functioning of the entire heating system in an apartment building.

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